Appellate Division: Second Judicial Department

M203128

E/ct

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2015-09130 In the Matter of Willie Crenshaw, respondent, v Chanize Thorpe Crenshaw, appellant. (Docket No. O-2205-15)

DECISION & ORDER ON MOTION

Appeal by Chanize Thorpe Crenshaw from an order of the Family Court, Orange County, dated August 24, 2015. By order on certification of this Court dated October 29, 2015, the appellant was granted leave to proceed as a poor person on the appeal, and the following named attorney was assigned as counsel to prosecute the appeal:

Victoria B. Campbell, Esq.

P.O. Box 814

Port Jervis, N.Y. 12771

845-858-0990

By letter dated November 12, 2015, assigned counsel informed this Court that the appellant wishes to proceed with the appeal, but that counsel was unable to handle the assignment.

Now, on the Court's own motion, it is

ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as new counsel to prosecute the appeal:

Karen A. Sferlazzo, Esq.

20 Spring Street, P. O. Box 401

Warwick, N.Y. 10990

(845) 544-7886

and it is further,

ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,

ORDERED that assigned counsel is directed to serve a copy of the order on certification of this Court dated October 29, 2015, and this order and upon the Clerk of the Court from which the appeal is taken; and it is further,

ORDERED that pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), the appeal in the above-entitled proceedings shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this Court by letter of the date the transcripts are received, or, if there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,

ORDERED that pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), within 30 days after the date of this scheduling order, assigned counsel shall file in the office of the Clerk of this Court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or

(3) if the transcripts have not been received, an affidavit or affirmation stating that the order on certification of this Court dated October 29, 2015, as well as this decision and order on motion have been served upon the clerk of the court from which the appeal is taken, the date thereof, and the dates by which the transcripts are expected; or

(4) an affidavit or an affirmation withdrawing the appeal; and it is further,

ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.

ENG, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.